Tuesday, September 16, 2008

Oral Argument in NAM Lobbying Disclosure Case

On September 12, 2008, the D.C. Circuit Court of Appeals heard oral argument in National Association of Manufacturers (NAM) v. Taylor. NAM is challenging a provision (Section 207) in the Honest Leadership and Open Government Act (HLOGA) that requires a lobbying coalition to disclose members that fund and actively participate in the coalition's lobbying efforts. NAM's argues that the HLOGA provision violates the First Amendment and is unconstitutionally vague. NAM is appealing a lower court decision that upheld the requirements.

According to BNA Money and Politics ($$), "the court gave little indication of whether the new law would be upheld as constitutional."

[Lawyers representing the Justice Department and the Secretary of the Senate] emphasized that HLOGA calls for penalties only for those who knowingly try to avoid disclosure--not those who make honest mistakes. DOJ attorney Nicholas Bagely said the Supreme Court has upheld laws designed to bring transparency to lobbying in order to increase public confidence in the government. He noted that the high Court has said disclosure can be avoided in cases where an organization's members might face retaliation for their political views, but NAM has offered no evidence that it faces such a risk. Thomas Caballero, the Senate legal counsel, said HLOGA made clear that it requires associations to disclose only those organizational members who plan and control their lobbying efforts.

A decision is not expected for several weeks. More information available from NAM .